PRESS RELEASE: Comment in Opposition to DOJ’s Proposed Rule

RE:      U.S Department of Justice

            Docket No. OAG 199

            Comment to Proposed Rulemaking

            Review of State Bar Complaints and Allegations Against Department of Justice Attorneys

The Asian Pacific American Bar Association of Maryland (“APABA-MD”) respectfully submitted a comment in opposition to the Department of Justice’s (“DOJ”) proposed rule for Review of State Bar Complaints and Allegations Against Department of Justice Attorneys (the “Proposed Rule”).  APABA-MD is dedicated to advancing the interests of Asian Pacific American legal professionals and the communities they serve.  Consistent with its commitment to the integrity of the legal system, APABA-MD advocates for fair and independent oversight of attorneys as well as equal accountability under the law.

APABA-MD is concerned that the Proposed Rule may undermine the authority of state courts to investigate and discipline attorney misconduct.  The Proposed Rule could impede Maryland’s ability to ensure transparency, ethical compliance, and public trust in the legal profession.  The Proposed Rule would permit the DOJ to review allegations against its attorneys before state disciplinary authorities are able to act.  This process risks interfering with Maryland Rule 19-308.5, which governs the investigation and adjudication of attorney misconduct within the state.

The Proposed Rule may affect the longstanding authority of Maryland’s state courts and raises significant issues regarding attorney accountability, potential conflicts of interest, and the overall integrity of the legal profession.

For these reasons, APABA-MD respectfully opposes the Proposed Rule and urges careful reconsideration of its potential impact on state authority and the administration of justice.

*Members of the Maryland Judiciary abstained from participating in the decision-making process authorizing this statement by APABA-MD.